Wrongful death suit against ex-Red Hot Chili Peppers guitarist hits roadblock

LOS ANGELES (CN) — A Superior Court judge on Friday agreed to strike major portions of a lawsuit filed against guitarist Josh Klinghoffer over a fatal car crash in March that killed a pedestrian.

The onetime member of the Red Hot Chili Peppers, who recently toured with Pearl Jam, has admitted that he was driving the Black GMC Yukon that hit and killed 47-year-old Israel Sanchez, who was crossing the street at a painted crosswalk.

In their lawsuit, filed in July, Sanchez’s family said that Klinghoffer “was using a device mere seconds before he crashed into the decedent,” and that he had “10 seconds of time to see a pedestrian lawfully using a marked crosswalk in a residential neighborhood and adjust his speed or course accordingly, had defendant merely been attentive to his surroundings.”

Klinghoffer has been charged with vehicular manslaughter without gross negligence, a misdemeanor. Last month, he pleaded not guilty.

In his motion to strike certain portions of the lawsuit filed against him, Klinghoffer wrote that the complaint includes numerous passages that are either irrelevant or conclusory — that is, they are not based on fact but are inferences. The motion also asked the judge to strike the plaintiff’s request for punitive damages, because nothing in the complaint suggests Klinghoffer acted with “oppression, fraud, or malice.” Klinghoffer also argued that “the alleged use of a cell phone while driving, unless rising to a level beyond ordinary negligence or recklessness, should not merit punitive damages.”

In his tentative ruling, which he later adopted as permanent, Superior Court Judge Ian Fuessleman agreed with Klinghoffer, finding that even if the guitarist had been acting carelessly or even recklessly, that wasn’t enough for a punitive damages claim. For that, the plaintiff would have to allege “despicable conduct” — that is, acting “with a willful and conscious disregard of the rights or safety of others.”

“In order to allege despicable conduct, plaintiff must allege conduct which elicits the same type of outrage as the commission of crimes,” Fussleman wrote. He appeared to be unaware that Klinghoffer had, in fact, been charged with a crime.

Neither side argued the motion during a brief hearing Friday. Klinghoffer now has two weeks to file an amended version of the complaint.

Next month, the judge is scheduled to hear a motion to stay the case, pending the criminal proceeding.

“Israel Sanchez was on his way to the grocery store to make soup for his family and never came home,” Ashley Sanchez’s attorney said in a written statement when the suit was filed. “He did everything right, looking for oncoming traffic and abiding by pedestrian signage, but tragically Mr. Klinghoffer, in a rush and on his phone, hit him fatally from behind with a large SUV.”

Klinghoffer’s attorney told the news site TMZ in July: “After Josh struck this pedestrian in the intersection, he immediately pulled over, stopped the car, called 911 and waited until police and the ambulance arrived… This was purely a tragic accident.”

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